| People v Cain |
| 2008 NY Slip Op 07302 [55 AD3d 1271] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v David R.Cain, Jr., Appellant. |
—[*1] Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Angelo J. Morinello, J.), renderedMay 16, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted assault inthe second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofattempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]). The validwaiver by defendant of the right to appeal encompasses his challenge to the severity of thesentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Burney, 41 AD3d 1221[2007], lv denied 9 NY3d 863 [2007]; People v Stanton, 31 AD3d 1219 [2006]).In any event, the sentence is not unduly harsh or severe. Although the further contention ofdefendant that he was denied his constitutional right to a speedy trial survives his waiver of theright to appeal and the guilty plea, that contention is without merit (see People v Barnes, 41 AD3d1309 [2007], lv denied 9 NY3d 920 [2007]; Stanton, 31 AD3d 1219 [2006]).Present—Scudder, P.J., Hurlbutt, Martoche, Green and Gorski, JJ.